Patterson v. Donner
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action to enforce a mortgage given by the .defendant Donner to the plaintiff, on the 15th day of March, 1862, on an undivided five sixths of the fifty-vara lot No. 39, at the corner of Folsom and Second streets, San Francisco.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action to enforce a mortgage given by the .defendant Donner to the plaintiff, on the 15th day of March, 1862, on an undivided five sixths of the fifty-vara lot No. 39, at the corner of Folsom and Second streets, San Francisco. Donner claimed the lot by a grant made to him by Hyde, Alcalde of San Francisco,"on the 19th day of July, 1847, and had commenced an action against several persons who were in possession of it to recover possession. It became important to him to prove the existence of the grant.…
1Opinion of the Court
By the Court, McKinstry, J.:
The contemporaneous writing executed by Lander, being under seal, should be read with the deed from Donner, and the two must be held to constitute one instrument, both as between the parties to it, and as between Donner and an assignee of Lander, with notice of the alleged defeasance. By virtue of the Begistration Act, however, a grantee of Lander in good faith, and for valuable consideration, would take the legal title, unaffected by any condition or limitation contained in the unrecorded writing.
The defendant alleges that he was induced to accept from the…
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